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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. The fraud V to the victim U (State) (hereinafter “victim”) is the representative director of the victimized company in Gangnam-si W and the second floor.
On July 10, 2014, the Defendant made a false statement to V, stating, “The Defendant would sell a vehicle to KRW 30 million within one month on the face of delivery of the vehicle” to V at the office of the victimized company.
However, even if the defendant sells the vehicle, it was thought that the sales proceeds will be used for the defendant's repayment of the obligation equivalent to approximately KRW 100 million against X, and there was no intention or ability to pay the vehicle sales proceeds to the victim.
The Defendant, at the seat, acquired from the victim one motor vehicle from the victim, by being handed over to the victim one unit of YWhaha car at the market price of 30 million won owned by the victimized company.
2. The Defendant, when concluding a sales contract with the victim with the victim who served as the victim’s motor vehicle with the victim, sent photographs of the used cars subject to preferential sale to the victim, and notified the victim by setting the sales price of the used cars, and traded the notified sale price in the form of determining whether or not to conclude a sales contract for the used cars with the client for the used cars.
On August 20, 2014, the Defendant made a false statement to the victim, stating, “The vehicle has a vehicle to be traded, setting the price at which the interior photograph is sent, and if so agreed, sending money first, and sending it thereafter.”
However, the Defendant had no intention or ability to deliver the relevant vehicle to the victim even if he/she received the vehicle payment from the victim due to a large amount of the purchase price of the unpaid vehicle with the obligation to borrow KRW 60 million at the time of borrowing and a used vehicle with a borrowed vehicle.
The defendant is under the name of the defendant on August 21, 2014 from the victim.